YUFA
Collective Agreement
2006-2009
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Article 17
Existing Practices
17.01
Subject to the provisions of this Agreement, the Employer undertakes to continue recognized existing practices with respect to terms and conditions of employment. The Employer may, however, with due notice and on reasonable grounds expressed in writing (with a copy to the Association where practicable), amend or discontinue such practices. The Employer’s decision to do so shall be subject to the grievance and arbitration procedures established by this Agreement for the purpose of determining whether such amendment was justified.
The parties agree that the following procedures constitute notification of changes to existing practices:
(a) In the matters covered by specific articles in the Collective Agreement (e.g., clause 18.09, Appendix A (B)(1)), changes in existing practices would be effected in accordance with the provisions of that specific Article.
(b) In matters not specifically covered by the Collective Agreement and affecting all, or potentially all, employees, changes in existing practices would be effected through written notification from the Office of the Vice-President Academic to YUFA through the YUFA Co-Chairperson, JCOAA. It is agreed that this paragraph refers to such matters as parking fees, athletic fees and library regulations.
(c) In matters of a Faculty-wide nature, changes in existing practices, including policies, would be effected through written notification from the Dean or Associate Dean to the Office of the Vice-President Academic and then to YUFA through the YUFA Co-Chairperson, JCOAA. It is agreed that the grievance “time clock” in Article 17.01, would run only from the written notification of the change from the Office of the Vice-President Academic to YUFA through the YUFA Co-Chairperson, JCOAA.
(d) It is further agreed that changes in existing practices at a department level would be without prejudice to changes or lack of changes in existing practices in other departments within a Faculty and would be effected through written notification from the Dean or Associate Dean to the Office of the Vice-President Academic and then to YUFA through the YUFA Co-Chairperson, JCOAA.
(e)
(i) In matters not specifically covered by the Collective Agreement where changes in existing practices with respect to computing and information technology would have a significant impact on terms and conditions of employment and/or the professional responsibilities of all, or potentially all employees, changes in existing practices would be effected through written notification as per clause 17.01(b) above.
(ii) In matters of a Faculty-wide nature where technological change would have significant impact on terms and conditions of employment and/or professional responsibilities, changes in existing practices would be effected through written notification as per clause 17.01(c) above.
(iii)
After receiving notification of a change
in existing practices with respect to computing and information
technology, JCOAA may refer the matter to the Joint Subcommittee on the
Impact of Technology (JSIT) which shall normally have one (1) month to
discuss the proposed change(s) and to attempt to resolve any differences
between the parties before the grievance time clock starts to run.
Grievance Time Clock
The parties agree that after the notification stipulated in clause 17.01 has taken place, there will be an opportunity for JCOAA to discuss the proposed changes and attempt to resolve any differences between the parties before the grievance time clock starts to run. This period of discussion preceding the start of the grievance time-table can be ended by either party through formal written notification to the other that the grievance “time clock” will now start to run. The Administration will not begin to implement any changes in existing practices until after this notification concerning the grievance time clock has been given.
University Governance
17.02
The parties acknowledge the existing rights, privileges, and responsibilities of employees to participate in the formulation and/or recommendation of policy within the University.
Board of Governors and President
17.03
The Association recognizes the rights, powers, and responsibilities of the Board of Governors to manage the University, as those rights, powers and responsibilities are set out in The York University Act, 1965, Sections 10, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, in respect of the powers of the President and the Board of Governors, provided that these powers shall be exercised in accordance with the provisions of this Agreement.
Senate
17.04
The parties agree that the provisions of this Agreement shall not operate so as to infringe the powers of Senate, as set out in The York University Act, 1965, Section 12, to which all members of the University are subject. It is further agreed that if any clause of this Agreement is found to infringe the powers of Senate as so set out, that clause will be null.